DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JLP:ddj
Docket No:
2 October 2001
5959-01
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the
IJnited States Code, section
1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 2 October 2001. Your allegations of error and injustice
were reviewed in accordance with administrative regulations and procedures applicable to the
proceedings of this Board. Documentary material considered by the Board consisted of your
application, together with all material submitted in support thereof, your naval record and
applicable statutes, regulations and policies.
opinion furnished by BUPERS
attached.
conbidered the advisory
n~en~oranclun~ 1780 PERS 604 of undated, a copy of which is
In addition, the Board
After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material error or
In this connection, the Board substantially concurred with the comments contained in
injustice.
the advisory opinion. Accordingly, your application has been denied. The names and votes of
the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that favorable action cannot be taken.
You are entitled to have the Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
to keep in mind that a presumption of regularity attaches to all official records. Consequently,
on the applicant to
when applying for a correction of an official naval record, the burden is
demonstrate the existence of
probable material
In this regard, it is important
errw or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAV
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
Y
1780
PERS-604
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Via :
Assistant for BCNR Matters (PERS-OOZCB)
REQUEST FOR COMMENTS AND RECOMMENDATIONS
ICO
6
Ref:
(a) CNPC memo 5420 PERS-OOZCB of 29 Aug 01
(b) Title 38,
(c) Veterans Improvement Act of 1996 (PL 104-275)
(d) Veterans Benefits and Health Care Improvement Act of
United States Code, Chapter 32
2000 (PL 106-419)
1.
The following is provided in response to reference (a):
.
Recommend the Board deny
VEAP was available to members who entered the
thae Veterans Educational Assistance
in
reference (b),
military for the first time between 1 January 1977 and
30 June 1985.
but reopened for five months from 28 October 1986 to
31 March 1987.
lost their eligibility.
It was closed to new enrollments on 30 June 1985,
Members who did not enroll before these deadlines
Program (VEAP).
Per
* request to enroll
b.
Reference (c) offered Montgomery GI Bill (MGIB) Program
enrollment to active duty members with money in a VEAP account on
9 October 1996 (date of enactment).
individual who was a VEAP participant on or before 9 October 1996
and served continuously from that date through at least
1 April 2000 will be allowed an
to the MGIB Program.
references (c) and
participate in VEAP.
opportunity to convert from VEAP
were made in
who did not
(d) for members like MSC
Unfortunately, no pro
Per reference (d), an
’
’
C .
DD Form 2057 was used to document member's election to
In some cases, members
enroll or decline enrollment in VEAP.
signed their DD Form 2057 indicating they could enroll at any
the fact that a
time while on active duty.
Department of Defense form signed in 1980 states a member can
enroll at any time while on active duty does not override a later
act of Congress.
keep documentation of a member's election in their service
record.
VEAP enrollment upon entry on active duty or during the open
period.
There was no requirement for individual counseling for
076/85 (CNO WASHINGTON DC 2011322 JUN 85) advised
Reference (b) did not require armed services to
Unfortunately,
NAVOP
Subj:
REQUEST FOR COMMENTS AND RECOMMENDATIONS ICO
Notification of the open period and final
the deadline for members eligible under VEAP to initially enroll
was 30 June 1985.
closure of VEAP was given the widest dissemination via NAVOP
110/86 (CNO WASHINGTON DC 3016532 OCT
10 November 1986 and by placing a statement on the Leave and
Earnings Statements of all active duty servicemembers.
NAVOP was released in March 1987 reminding commanding officers of
the pending deadline.
86), Navy Times article of
A second
d.
Since MSC
active duty or dur
so now.
participant, he is not eligible for conversion to the MGIB
Program.
did not enroll in VEAP upon entry to
e open period,
MSCW as not a VEAP
Additionally, since
he is not eligible to do
PERS-604's point of contact is
Mp
2 .
reached at (DSN)
882-4260 or (C) 901-874-4260.
who can be
U.S. Navy
Drug-& Alcohol,
Director,. Navy
Behavioral Health, Federal
& Partnerships
Education,
Division (PERS-60)
2
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